You are here:

Collections Law/Harassed by Pioneer Credit Recovery



I am being called by Pioneer Credit Recovery several times a day.  They also told me I have a "pending" lawsuit against me.  I checked the local court and there's nothing filed.  

They also harass me and call me 3 to 4 times a day.  Is this legal?  Can you help me? Thanks!

Dear Jane,

Sorry to hear about your situation.  Collection calls frequently contain deceptive threats of debt collection lawsuits violating the FDCPA.  The threat of a collection lawsuit may be deceptive because 1) it is not intended by the debt collector when the threat was made, 2) beyond the collection agency's contractual authority at the time made, 3) not as imminent as represented or 4) beyond the law firm's legal authority.

The threats this debt collector made is also deceptive if the collector had no basis to believe the creditor would do so.  In your case the debt collector's threats to you violate the FDCPA!  

The reason is that lack of intent to sue is most easily established where the debt collector never pursues lawsuits or never sues in the locality where the consumer lives.  Furthermore this debt collector probably does not intend to sue if the debt is very small or more than six (6) years old and the suit would be time barred in NYS.

Based on the above, what this collector did is illegal and in violation of the Federal Fair Debt Collection Practices Act (FDCPA).  Give me a call directly for assistance in this matter.

Jason A. Shear, Esq.
Attorney at Law
Admitted in NY & NJ
Law Offices of Jason A. Shear
Phone: (716) 566-8988

Collections Law

All Answers

Answers by Expert:

Ask Experts


Jason Shear, Esq.


I can answer questions for residents of New York and New Jersey regarding creditor harassment claims under the Fair Debt Collection Practices Act (FDCPA); credit reporting errors under the Fair Credit Reporting Act (FCRA); debt collection defense/credit card defense; student loan law; and consumer class actions. I can also answer questions relating to consumer debt defense/collection agency defense, specifically pertaining to consumers being sued or harassed by collection agencies or NY collection attorneys. If you live in New York and have been contacted or sued by firms such as: Mel Harris & Associates, Forster & Garbus, Rubin & Rothman, Choi Law Office, Lacy Katzen, Malen & Associates, Solomon & Solomon, Daniels & Norelli, Cohen & Slamowitz, Pressler & Pressler or others; give us a call at (716) 566-8988.


I have obtained settlements for consumers in NY and NJ under the FDCPA and FCRA. I have successfully defended consumers who were sued by collection agencies/debt purchasers in the New York State courts.

National Association of Consumer Advocates (NACA) Law Offices of Jason Shear Consumer Attorneys 3957 Main Street, Second Floor Buffalo, New York 14226 (716) 566-8988

BA/BS, Accounting & Political Science, Hunter College. Juris Doctor, Univ. at Buffalo Law School. LLM (Criminal Law), University at Buffalo.

©2017 All rights reserved.

[an error occurred while processing this directive]